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Town Board Minutes |
| Town Board
August 10, 2005 A regular meeting of the Jewett Town Board was held in the Jewett Fire House on August 10, 2005. Supervisor Michael Flaherty called the meeting to order at 7 PM. Present were Board members Charles Kutcher, Thomas Hitchcock, Paul LaPierre, and Harry T. Wilson. Present were Superintendent of Highways Robert Mallory, Building Inspector Thomas Cross and Zoning Officer William Dwyer. Present were Town residents Michelle Cumpelik, Werner Pscherer, Ann Dwyer, Margaret Flaherty, Clarence Soule, Gerry Loucks, Shawn Jaeger George & Marie Sawicki, newspaper reporter Mike Ryan and the town clerk. Supervisor Flaherty presented new U.S. citizen Michelle Cumpelik with an American Flag. Ms. Cumpelik came from Czechoslovakia to the United States in 1992 and became a U.S. citizen in May of 2005. A motion was made by LaPierre, 2 nd by Wilson and carried accepting the minutes of the regular Board meeting of July 13, 2005. Minutes of the July 27, 2005 workshop were accepted on a motion by Kutcher, 2 nd by Hitchcock and carried. The Supervisor's monthly report was given to the Board and bank statements were made available for review. The Building Inspector's monthly written report was given to the Board. Building Inspector Cross reported 8 building permits were completed this month. There are 19 single- family residences, 6 to 10 pending building permits and 3 major projects in the works. He said the on-line access for building permits has been a big help. Councilman LaPierre addressing the noise law said "the intent of the law was for people to work this out first." Councilman Hitchcock said, "The first avenue should be to call the person." A motion was made by Hitchcock, 2 nd by LaPierre and carried accepting the building inspectors report. The Zoning Officers monthly written report was given to the Board. Zoning Officer Dwyer reported that Mr. Mignone has come into the office and obtained a building permit. Registered letters sent to Mr. Miller have been returned because they were not signed for. The zoning officer was asked to find out the disposition on Mr. Steinherr case. The zoning officer was asked to check on a well being drilled by the Village of Hunter on the south side of the Schoharie Creek across from the sewage plant. A motion was made by LaPierre, 2 nd by Flaherty and carried accepting the zoning officers report. A motion was made by Flaherty, 2 nd by Wilson and carried granting a noise variance to Gerry Loucks of East Jewett for September 3 rd , 2005. Superintendent Mallory has received notice from the State that final approval has been granted on most of the FEMA projects and checks are being processed. The Superintendent asked the Board to consider a trade in for the 1997 one-ton truck in the next couple of years. He is going to re-orientate the turn at the bottom of Ford Hill Road where it intersects Wright Road. He has called the State twice to come and inspect the fuel tanks and each time they have cancelled the appointment. On a motion by Flaherty, 2 nd by Wilson and carried Resolution #9 was approved. This resolution asks for speed limit reductions within the Town on Scribner Hollow Road, Wright Road, Bobillen Road, County Rt. 78 (Colgate Road) and County Rt. 40 (Maplecrest Road). This will be sent to the County Highway Superintendent. ROLL CALL: Ayes 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson. Nays 0 In the meantime the Supervisor will send a letter to the Sheriff asking that they again look into speeding on Colgate Rd., specifically on weekends. The Town has received a planning grant award of $20,000. Monies will help update the Town Comprehensive Plan and work on Planning and Zoning. Meetings will be held with town residents and a consultant to address the Town future direction. Councilmen Kutcher and Wilson were appointed to co-chair the committee working on this project. Barbara Maddson was the grant writer. A motion was made by Flaherty, 2 nd by Hitchcock and carried approving Resolution #10. This resolution is in opposition to casino gambling within the Catskill State forest preserve blue line designation of New York State. ROLL CALL: Ayes 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson. Nays 0 A motion was made by Hitchcock, 2 nd by LaPierre and carried approving Resolution #11. This resolution congratulates Michelle Cumpelik on becoming a U.S. citizen and welcomes her to our community. ROLL CALL: Ayes 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson. Nays 0 On a motion by Flaherty, 2 nd by Hitchcock and carried the Board approved a new health insurance plan under the present carrier CDPHP. The East Jewett Fire House is the site for the September meeting. The Board will meet at 6:30 PM to interview for positions on the planning, zoning and board of assessment review positions. The discussion on health insurance after retirement for the highway employees was tabled. The AMTEK representative didn't write the proposal as requested by the Board. The Board had agreed that the qualifiers for retirement would be 25 years of continuous service, age 62 with single coverage until they reach age 65 and they receive Medicare. The Supervisor will contact AMTEK and the fee for the July 27, 2005 session will not be paid at this time. Highway employee Shawn Jaeger addressed the Board. He said the employees are Tier 4 members of the state retirement system. Under this tier two employees will qualify for retirement at age 55 with 30 years of service. The Board will re-examine the impact of this information and also look at other insurance plans. Councilman Wilson said he heard a rumor that the Board spent $20,000 on legal fees for the sound ordinance. He would like to make it clear that the Town spent approximately $700 on legal fees and the committee was pro-bono. The finance committee of Councilmen LaPierre and Wilson audited the bills prior to the meeting. Councilman LaPierre made a motion recommending the Board approve the audit. Councilman Wilson 2 nd the motion and all Board members voted Aye. The general fund was $9,323.85 and abstract #8, claim numbers 175 to 195. The highway fund was $91,533.16 on abstract #8, claim numbers 112 to 130. The tax collectors year ending report from January 2005 to August 2005 was given to the Board. The Supervisor was asked to provide regular reports pertinent to the Supervisors and Mayors meetings and the CWC meetings. The Board was informed that Mountain View Estates septic system proposal is not advanced enough to come back to the Town Board. The Planning Board did a SEQR review but has not yet received a report from Lamont Engineers. The Justice monthly reports were deemed worthless as everything was blanked out but the amounts charged. Attorney Rappleyea will be asked to research as to how much is public information. A "Future of Jewett " meeting was scheduled for Wednesday September 7, 2005 at 9:30 A.M. in the Municipal Building. On a motion by Wilson, 2 nd by Hitchcock and carried the Board went into executive session concerning possible litigation. On a motion by Kutcher, 2 nd by LaPierre and carried the Board came out of executive session. Hitchcock made a motion, 2 nd by LaPierre and carried instructing Attorney Rappleyea to request incident reports under the Freedom of Information law. There being no further business the meeting was adjourned at 9:30 P.M. on a motion by Hitchcock, 2 nd by Flaherty and carried. ________________________________ Patricia Merwin Town Clerk
August 4, 2005
Agenda Item 3: Continuation of Public Hearing on Application for Minor Subdivision for George and Sally Hildenbrand of 87 Cross Road, Jewett, NY, Tax Map No. 128.00-5-2.2, District: Rural Residential. Present: Sally Hildenbrand, Bruce Maben. Mr. Beers made the motion to re-open the adjourned Public Hearing. Mrs. Muth seconded the motion. The vote was unanimous and the hearing opened at 7:33 pm. There were no comments from the public. Mrs. Muth made the motion to close the hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing was closed at 7:34 pm. Agenda Item 4: Application for Minor Subdivision for George and Sally Hildenbrand of 87 Cross Road, Jewett, NY, Tax Map No. 128.00-5-2.2, District: Rural Residential. Present: Sally Hildenbrand, Bruce Maben. After review of the application, Mr. Rosedale made the motion to approve the minor subdivision, Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. MUTH – AYE; MRS. KUTCHER – ABSENT; VACANT. The vote was unanimous and the motion carried. Mrs. Bostrom signed the plats and instructed the applicants to file them with the County Clerk’s office within 30 days. Mrs. Muth made the motion to open the adjourned Public Hearing. Mr. Beers seconded the motion. The vote was unanimous and the hearing opened at 7:35 pm. There were no comments from the public. Mr. Beers made the motion to close the hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing was closed at 7:37 pm. Agenda Item 6: Application for Special Use Permit for Rebecca Murray of 87 Cross Road, Jewett, NY, Tax Map No. 128.00-5-2.2, District: Rural Residential. Present: Rebecca Murray, Bruce Maben Mr. Beers made the motion to re-open the adjourned Public Hearing. Mr. Rosedale seconded the motion. The vote was unanimous and the hearing opened at 7:40 pm. There were no comments from the public. Mr. Beers made the motion to close the hearing. Mrs. Bostrom seconded the motion. The vote was unanimous and the hearing was closed at 7:43 pm. Agenda Item 8: Application for Minor Subdivision for Jane Eisenberg and Jack Cohen of 3894 Route 23C, Jewett, NY, Tax Map No. 130.00-1-13, District: Rural Residential. Present: Jane Eisenberg After review of the application, Mrs. Nicholls made the motion to approve the minor subdivision, Mrs. Muth seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. MUTH – AYE; MRS. KUTCHER – ABSENT; VACANT. The vote was unanimous and the motion carried. Mrs. Bostrom signed the plats and instructed the applicants to file them with the County Clerk’s office within 30 days. Agenda Item 11: Public Hearing on Application for Minor Subdivision for Saverio & Constantina Accardi of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-25, District: Rural Conservation. Since these two applications are combined, Mr. Beers made the motion to open the two Public Hearings. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearings opened at 7:48 pm. Mr. Accardi submitted the required receipts of mailing the notices. There were no comments from the public. Mrs. Muth made the motion to close the hearings. Mr. Beers seconded the motion. The vote was unanimous and the hearings were closed at 7:49 pm. Agenda Item 12: Application for Minor Subdivision for Saverio & Constantina Accardi of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-25, District: Rural Conservation. Present: Mr. Saverio Accardi, Mr. Bruce Maben Mr. Maben noted a correction to the deeds to eliminate allowing ATVs on the right of way, it will be a walking path only. Ms. Kohan had submitted the proposed deeds and Mr. Maben stated he would provide the corrected deeds for the files. After review of the application, Mrs. Muth made the motion to approve the minor subdivision, Mr. Beers seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. MUTH – AYE; MRS. KUTCHER – ABSENT; VACANT. The vote was unanimous and the motion carried. Mrs. Bostrom signed the plats and instructed the applicants to file them with the County Clerk’s office within 30 days. Agenda Item 14: Application for Minor Subdivision for Robert and Rosaleen Maske of Little Timber Road, Jewett, NY, Tax Map No. 146.00-4-22, District: Rural Conservation. Present: Mr. Saverio Accardi, Mr. Bruce Maben After review of the application, Mrs. Muth made the motion to approve the minor subdivision, Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. MUTH – AYE; MRS. KUTCHER – ABSENT; VACANT. The vote was unanimous and the motion carried. Mrs. Bostrom signed the plats and instructed the applicants to file them with the County Clerk’s office within 30 days. Agenda Item 9: Continuation of Public Hearing on Application for Minor Subdivision for Charles and Jeanine Mulholland of 35 Sugar Loaf Trail, East Jewett, NY, Tax Map No. 132.00-3-62, District: Rural Residential. Present: Charles & Jeanine Mulholland. Mr. Beers made the motion to re-open the adjourned Public Hearing. Mrs. Muth seconded the motion. The vote was unanimous and the hearing opened at 7:59 pm. Mrs. Bostrom read the letter received from Mr. Calla regarding the Freedom of Information request for storm water management for this subdivision. Mrs. Dwyer stated she copied the application and documentation for the Town Supervisor to respond to the letter. Mr. Mulholland stated that the neighbor who lives up the road from the property, and identified as Mr. Mignone, redid the road surface and installed a culvert which is causing the water flow problem for Mr. Calla. He also stated that the road no longer follows the original location for it. It now cuts over a corner of his property as he discovered when he had the survey done. The culvert directs the water over his property and it then flows onto Mr. Calla’s. Mrs. Bostrom noted this is a recurring problem with subdivisions created prior to the adoption of the regulations and with no road maintenance agreement. She noted the culvert which has redirected the water flow is not on the subject property and therefore there is no action the Planning Board can take. She discussed with Mr. Mulholland possible responses to Mr. Calla’s letter and suggested he speak with Mr. Calla, Mr. Mignone and others in the area to mitigate this problem. Mr. Mulholland agreed. Mr. Calla’s letter was re-read for the record and members agreed that there was no other issues which had to be addressed. There were no other comments from the public. Mrs. Bostrom noted that all owners within 500 feet of the property are required to be indicated on the plat pursuant to Article II Section B paragraph 3. She verified that the DEP Design Approval letters had been received and noted the re-numbering of the proposed lots were consistent. Mrs. Muth made the motion to close the hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing was closed at 8:22 pm. Agenda Item 10: Application for Minor Subdivision for Charles and Jeanine Mulholland of 35 Sugar Loaf Trail, East Jewett, NY, Tax Map No. 132.00-3-62, District: Rural Residential. Present: Charles & Jeanine Mulholland. Agenda Item 15: Application for Special Use Permit for Marilyn Stefans of 47 Finnish Lane, Jewett, NY, Tax Map No. 111.00-4-30, District: Conservation. Present: Marilyn Stefans, Vahan Khawzadian Ms. Stefans is requesting a Special Use Permit for a one-family house in the conservation district on a cul-de-sac in a pre-existing subdivision. The lot frontage on the cul-de-sac is 81.47 feet. The house will be located four hundred feet from the road. The requirements for the conservation district are 75 feet for both side yards and the rear yard. According to a review of the survey submitted the closest lot line is 80 feet. Ms. Stefans submitted the DEP Design Approval Letter for the septic system. Members reviewed the application and determined the driveway was approximately 12 to 15 foot standard size, there is sufficient parking for two cars, with safe pedestrian access, and all standards for a special use permit are met. After the review, Mrs. Muth made the motion to accept the application as complete and to schedule the public hearing for September 1, 2005 at 7:30 pm. Mrs. Nicholls seconded the motion. The vote was unanimous and the motion carried. Mrs. Bostrom informed the applicant of the notice requirement and the sign posting. Agenda Item 16: Application for Site Plan Review for Mountain View Estates, Maplecrest Road, Jewett, Tax Map No. 113.00-1-2, Rural Residential. Present: Gary Kerzic, Delaware Engineering Mr. Kerzic reported the public comment period on the SPEDES Permit will end on August 19, 2005 and the decision should be made shortly after that date. Mrs. Bostrom noted there are a few items still to be finalized before a public hearing can be scheduled. They are the SPEDES permit; the engineering report from Lamont Engineering in order to finish the SEQR review, the consent letter from the Town Board and submission of the completed application for County Planning Board review. If the application is complete by the September meeting then the earliest date for the public hearing would be the October meeting. Agenda Item 17: Town Board referral on proposed Subdivision Regulation amendment regarding private road provisions. The Town Board is considering amending the Subdivision Regulations to include provisions for allowing private roads with road maintenance agreements and not requiring motor paving. Mrs. Bostrom distributed copies of the proposed amendment to the members. She noted there are some positive impacts to this amendment. The first is aesthetically: it would maintain the country rural aspects of the town. Secondly, it would support DEP concerns by reducing the amount of impervious surfaces in the town. Thirdly, it would make it easier and less expensive for small developers, and Mrs. Muth stated especially for families wanting to divide their property for their children. Mrs. Muth and Mr. Beers noted that this would provide impetus for further development. There is already a major increase in the amount of development and it is changing the character of the Town. Members agreed that change is inevitable but the Board has to consider the common good. Mrs. Bostrom noted that this town had been forward thinking in having a zoning law for a long time which has provided for orderly development. Members discussed a number of questions regarding the proposal. The first is how to handle a re-subdivision off a previously approved private road. If the new re-subdivision is more than 5 parcels it would be required to have motor paved roads, would they then be off an unpaved private road? Would the re-sub-divider be required to pave the entire road, especially if it creates more than five original parcels? If there presently is an unpaved town road, which the town maintains, would or should the sub-divider be required to pave the town road or would he be required to pave only the new roads in the development. Since the proposed amendment restricts the number of parcels on an unpaved private road to no more than five, would this encourage developers to sub-divide incrementally? Members were also concerned with future default of the road maintenance agreement, what responsibility or liability would the town have if future owners defaulted on their agreement to maintain the road? Mrs. Bostrom noted that Mrs. Dwyer suggested requiring public hearing sign posting on future subdivisions. Mrs. Dwyer submitted the possible wording to be included with the proposed amendment. Members agreed that further consideration is needed and agreed to review the regulations and the proposals and discuss it at the September meeting. Agenda Item 12: Other Business: Mrs. Dwyer reported the O’Shaughnessy subdivision application has been on hold for over six months and members agreed a no-activity letter should be sent. There being no other business, Mr. Rosedale made the motion to close the meeting. Mrs. Nicholls seconded the motion. The vote was unanimous. The meeting ended at 10:32 PM. Respectfully Submitted, Ann Dwyer, Clerk August 3, 2005 Roll Call : Chair: Russ Coloton The meeting opened at 7:00 pm. Agenda Item 2: Approval of Minutes. Agenda Item 3: Application for Area Variance for Jeffrey Biery and Robert Posch of 4681 Route 23C, Jewett, NY, Tax Map No. 129.00-2-31, District: Rural Conservation. Present: Tom Cross, Jewett Building Inspector. Mr. Cross submitted the Letter of Representation signed by the owners. He explained that while the Zoning Enforcement Officer was on vacation he advised the applicants they could proceed building the foundation of their proposed house since they met the side and rear yard setback requirements. When the ZEO returned, he noted the building is located within 40 feet of the center of the road and does not meet the front yard requirements. Mr. Cross stated the road is a private road but he believed it was the driveway. It wasn’t until the survey was reviewed that the pathway was identified as a road. Mr. Cross stated the owners had consulted with NYCDEP regarding the location of the house and septic due to the steep grade of the land and the wetlands thereon. The foundation was located at their recommended site. Members reviewed the application, survey and explanation and Mr. Coloton made the motion to accept the application as complete and to schedule the Public Hearing for Wednesday, August 17, 2005 at 7:00 pm. Mrs. Flaherty seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer advised Mr. Cross of the requirements of notice for the hearing. Agenda Item 4: Members discussed the distinction between requiring an area variance or a yard requirement determination on non-conforming lots and agreed that if it is a pre-existing vacant lot and they meet all yard setback requirements no variance is needed, if they cannot meet the yard requirements then a variance is required, however, if it has a pre-existing non-conforming building on it then the ZBA will determine the yard requirement to the “maximum extent feasible” There being no other business, Mrs. Dwyer made the motion to close the meeting. Mrs. Flaherty seconded the motion. The vote was unanimous. The meeting ended at 7:55 PM. Respectfully submitted, Ann Dwyer Zoning Board August 17, 2005 Roll Call : Chair: Russ Coloton The meeting opened at 7:00 pm. Agenda Item 2: Approval of Minutes. Agenda Item 3: Public Hearing on Application for Area Variance for Jeffrey Biery and Robert Posch of 4681 Route 23C, Jewett, NY, Tax Map No. 129.00-2-31, District: Rural Conservation. Present: Tom Cross, Building Inspector, Town of Jewett. Regular Meeting: Agenda Item 4: Application for Area Variance for Jeffrey Biery and Robert Posch of 4681 Route 23C, Jewett, NY, Tax Map No. 129.00-2-31, District: Rural Conservation. Present: Tom Cross, Building Inspector, Town of Jewett. There being no other business, Mrs. Flaherty made the motion to close the meeting. Mr. Coloton seconded the motion. The vote was unanimous. The meeting ended at 7:20 PM. Respectfully submitted,
Ann Dwyer
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